Chemical Testing

During a DUI investigation, the arresting officer will most assuredly request the suspect to undergo chemical testing. The chemical testing results or your refusal will play a large role in both the prosecution and defense of your drunk driving case. The chemical testing results will likely be used against you to prove your BAC (Blood Alcohol Content) or drugs usage. There are three forms of chemical testing used in Kansas:

The Intoxilyzer 8000 breathalyzer is the most often utilized form of chemical testing in Kansas. However, some case use blood tests or urine tests. Blood tests are often used when the suspect is hospitalized. Urine tests and blood tests are utilized when the officer believes drugs were involved. Breathalyzers are generally not used to detect drug usage.

DUI Defense Lawyer, Jerry Wallentine, understands the protocols and potential pitfalls of these analysis methods. He knows how the tests should be conducted and how to interpret the results, and how to challenge the results. Numerous things should be considered, and likely were not considered by the arresting officer, such as:

  • Health Conditions
  • Body Temperature at the time of the Test
  • Food Consumption
  • Drinking Patterns
  • Contamination
  • Prescription DrugsDentures

Those are factors an experienced Kansas DUI attorney may utilize when aggressively defending you. Additionally, as trained and knowledgeable drunk driving defense lawyers, we are keenly aware of the recent DUI cases and law changes which could significantly affect your defense. Recently, there have been major cases decided by Kansas appeals courts, which seriously alter strategy and outcomes in drunk driving defense. Additionally, the DUI laws change on a regular basis and we are consistently researching how it can impact the defense for our clients' cases. For example, K.S.A. 8-1001(b)(2) was declared unconstitutional by the Kansas Court of Appeals. That ruling means that your DUI defense lawyer should object to a chemical test which was obtained based on a wreck and injury alone. This is just one of many examples.

You may have refused to do checmical testing and the Implied Consent Refusal could come into play. Whether you refused the test or took the test, you only have 14 days to make the request for an administrative hearing. Otherwise, your license will be suspended automatically.